Article 17: Definitions

In the specific part of these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Duration agreement: an agreement that aims at the regular delivery of goods, services and/or digital content during a certain period; 7. Durable medium: any tool - including e-mail - that enables the consumer or entrepreneur to store information addressed personally to him in a way that facilitates future consultation or use for a period that is tailored to the purpose for which the information is intended, and which allows for unchanged reproduction of the stored information;
7. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
8. Entrepreneur: 4Care Nederland B.V.;
9. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or additional use is made of one or more techniques for distance communication;
10. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions; 12. Distance communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time

Article 18: Identity of the entrepreneur

4Care Nederland B.V.; Business and visiting address: Denestraat 18 in (5541 RL) Reusel, municipality of Reusel-De Mierden; Telephone number: 0497-643236: the entrepreneur can be reached by telephone from Monday to Thursday from 08:30 to 17:00 and on Friday from 08:30 to 12:00 and from 13:00 to 16:00; Email address: info@4care.nl Chamber of Commerce number: 172029236 VAT identification number: NL001350493B01

Article 19: Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded in what way the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically. orders and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting conditions.

Article 20: The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with accepting the offer.

Article 21: The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to that end.
4. The entrepreneur can, within legal frameworks, inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier: a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about guarantees and existing after-sales service; d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract; e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration; f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 22: Right of withdrawal

For products:

1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
2. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or: a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with a different delivery time. b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part; in the case of agreements for regular delivery of products and during a certain period: the day on which the consumer, or a third party designated by him, received the first product. For services and digital content that is not delivered on a tangible medium.
3. The consumer can terminate a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
4. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement. Extended cooling-off period for products, services and digital content that is not delivered on a tangible medium in the event of failure to inform about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article. 6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 23: Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before or upon conclusion of the agreement.

Article 24: Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises his right of withdrawal, he reports this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to the entrepreneur.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product to the business address of the entrepreneur, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return.
6. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if: a. he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period prior to delivery; b. he has not acknowledged that he loses his right of withdrawal when giving his consent; or c. the entrepreneur has failed to confirm this statement by the consumer.
7. If the consumer exercises his right of withdrawal, all additional agreements shall be terminated by operation of law.

Article 25: Obligations of the entrepreneur in the event of withdrawal

1. If the entrepreneur makes it possible for the consumer to notify withdrawal electronically, he shall immediately send a confirmation of receipt after receiving this notification. 2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
2. The entrepreneur uses h the same payment method that the consumer used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
3. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 26: Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement:

1. Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services; 2. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
2. Sealed products which are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;

Article 27: The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. 4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. these are the result of statutory regulations or provisions; or b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

Article 28: Compliance with the agreement and additional guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil its part of the agreement. 3. An additional guarantee is understood to mean any obligation of the entrepreneur, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.

Article 29: Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. 4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
4. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, except ij has expressly agreed otherwise.

Article 30: Payment

1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay. 4. If the consumer does not meet his payment obligation(s) on time, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the consumer will owe the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the amounts and percentages mentioned to the advantage of the consumer.

Article 31: Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. 2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.